This analysis describes what Atlassian's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Atlassian's duty to defend provides the customer with legal protection and defense costs coverage when a third party alleges that Atlassian's own products infringe intellectual property rights, but only to the extent the customer used them as authorized.
Interpretive note: The excerpt captures only sub-clause (a); additional obligations (e.g., indemnification, settlement duties) are likely present in sub-clauses (b) and beyond but are not captured here.
If a third party claims that Atlassian's products infringe intellectual property rights and you were using the products as authorized by the Agreement, Atlassian must provide your defense against that claim.
How other platforms handle this
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
The Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
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"Atlassian must: (a) defend Customer from and against any third-party claim to the extent alleging that the Products, when used by Customer as authorized by this Agreement, infringe any intellectual property right of a third party...— Excerpt from Atlassian's Atlassian Cloud Terms
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Atlassian's duty to defend provides the customer with legal protection and defense costs coverage when a third party alleges that Atlassian's own products infringe intellectual property rights, but only to the extent the customer used them as authorized.
If a third party claims that Atlassian's products infringe intellectual property rights and you were using the products as authorized by the Agreement, Atlassian must provide your defense against that claim.
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